Video
Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
High-value advice for developing and protecting your IP as a start-up
Publication | November 2017
Start-ups have all the fun. They’re packed with ideas to change the world (or at least part of it), and they have the energy and drive to re-shape our society. To do that they need some help along the way, particularly when it comes to protecting their IP: those brilliant ideas that will define tomorrow’s energy landscape, technology, healthcare, consumer experience and more.
Our team supports start-ups in 4 key aspects of IP development and protection.
To ensure that we deliver top-line yet affordable advice and support to start-ups we have put together 2 fixed-price packages. In our experience these packages respond to the needs of start-ups across each development stage.
Contact a member of our team to discuss our offer.
Advice on IP grants - There are a number of government grants and funding programs available to assist Australian businesses to develop and commercialise their IP. Our packages include a comprehensive list of these grants and programs along with advice on how to access them.
Non-Disclosure Agreement template - Our packages include a non-disclosure agreement template for your use.
Trade mark application - Our packages cover the preparation and filing of a trade mark application in Australia, including drafting a suitable specification of goods and services. Our trade mark availability search will also help to determine whether the application is likely to proceed smoothly to registration or if there are any likely issues that could arise.
Trade mark availability searches - We recommend conducting a trade mark search prior to filing any applications. Our packages include full trade mark availability searches in Australia. The searches will cover the trademarks register, domain names, company names, social media and general internet searches to identify if there are any risks (in the form of third party rights) associated with the use and registration of the proposed mark including on the register and in the marketplace.
Advice on employment contracts - We recommend that your employment contracts include clauses which address the ownership of any IP (including copyright and inventions) created by employees. As part of our advanced package, we will provide a template clause which address the creation IP rights by employees during the course of their employment.
IP Legal consult - We will use this hour to get a better understanding of your business and your products. This will help us tailor our advice in the relevant areas, as well as the trade mark applications to meet your needs.
Worldwide identical only trade mark search - Our advanced package offers a worldwide search to identify any pre-existing identical trade marks in the name of third parties, which may present a barrier to the use and registration of the chosen mark in other countries.
Misleading and deceptive conduct in advertising - Our advanced package includes advice to raise your marketing team’s awareness of the Australian Consumer Law (ACL). The purpose of this advice is to help you avoid misleading advertising, unconscionable conduct and other types of conducts prohibited by the ACL.
Video
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Publication
On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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